A court summons issued against US stand-up comedian Reginald D Hunter has been formally thrown out after a judge ruled the prosecution was an 'abusive' attempt to have him cancelled.
Judge Condemns Misleading Application
District Judge Michael Snow, sitting at Westminster Magistrates' Court, stated that the Campaign Against Antisemitism (CAA) group misled him when it initiated a private prosecution against the comedian. In a judgment delivered on Tuesday, Judge Snow said the charity's motive was "to have him cancelled" and that he would have refused to issue the summons had he been given all the relevant information initially.
The judge was scathing in his assessment, stating: "I have no doubt that the prosecution is abusive." He added that the CAA had demonstrated a "wilful, repeated, failure to meet its disclosure obligations" and had presented a "misleading and partial" summary of the case.
The Details of the Case
Hunter had been accused of three counts of sending an offensive communication to Heidi Bachram via social media on three separate dates in 2024: 24 August, 10 September, and 11 September. The summons was issued based on the CAA's application.
However, Judge Snow found the case summary failed to properly contextualise the exchanges. He noted it did not reveal the extent of Bachram's tweets directed at Hunter in the preceding period, from 15 August to 11 September 2024. This omission, he said, misled him into believing Hunter's comments were solely about her Jewish faith, rather than being a response to attempts to get him cancelled.
Legal Arguments and Outcome
Hunter's lawyer, Rebecca Chalkley KC, argued successfully that there had been a "lack of candour" from the CAA. She told the court that very little was disclosed and that the judge was led to believe the CAA was merely a charity with no history of vexatious litigation. She accused the group of "using the courts for their own political agenda."
In contrast, the CAA's prosecutor, Donal Lawler, contended that the charity had complied with its duty of candour. Judge Snow rejected this, concluding the CAA had sought to use the criminal justice system for "improper reasons." Consequently, he granted the defence application to quash the summons.
This ruling brings a formal end to this legal action against the comedian, highlighting significant judicial criticism of the methods used by the prosecuting group.
